In the intensifying clash between the federal government and Texas over the state’s authority to safeguard its border with Mexico, Governor Greg Abbott remains steadfast, refusing to yield ground even as a congressional Democrat urges President Joe Biden to federalize the Texas National Guard.

Amidst murmurs that Biden could federalize the Texas National Guard to undermine Abbott’s constitutional authority in securing the state’s border, constitutional law expert Jonathan Hullihan suggests that such a move could be viewed as a high crime and misdemeanor, possibly warranting impeachment under the U.S. Constitution.

Abbott, invoking his constitutional authority to defend Texas’ border, declares, “The federal government has broken the compact between the United States and the States.” Reports surface that federalizing the Texas National Guard would pull them from the Texas border, disrupting the chain of command under Abbott.

Abbott had deployed several thousand guard members to the Texas-Mexico border through Operation Lone Star, instructing them to build more barriers after the Supreme Court ruled that Border Patrol agents could destroy existing ones.

U.S. Representative Joaquin Castro, a Democrat from San Antonio, asserts that if Abbott “defies” the Supreme Court’s ruling, Biden should “establish sole federal control of the Texas National Guard now.” The recent Supreme Court decision focused on Border Patrol activities in Eagle Pass, not addressing the governor’s authority to construct barriers or enforce state law.

Texas National Guard troops, operating under Title 32, fall under the command of the Texas governor as their commander in chief. Federalization under Title 10 places them under the president’s command.

Hullihan emphasizes that federalizing the Texas National Guard to counter Abbott’s directives differs from previous impeachment scenarios, presenting a direct challenge to constitutional authority.

Hullihan urges Congress to ponder whether federalizing the Texas National Guard to override Abbott’s authority constitutes an impeachable offense. He stresses the importance of upholding the U.S. Constitution’s principles and safeguards for state sovereignty, emphasizing that the situation transcends politics and policy.

In conclusion, Hullihan underscores that Congress must decide whether to defend the U.S. Constitution. He frames the issue as a critical test of the nation’s foundational principles, emphasizing the government’s responsibility to protect individual liberty and prevent transnational criminal organizations from exploiting an unsecured border.